When letters of executorship are issued, the executor's first statutory duty to creditors is to tell them the estate exists and give them a deadline to claim. That duty is in section 29 of the Administration of Estates Act 66 of 1965, and the notice it requires is commonly called the section 29 advertisement or notice to creditors.
This guide covers what the Act requires of the executor, and what the notice sets in motion for everyone else.
Who must place the section 29 advertisement
The executor. Section 29(1) says that every executor shall, "as soon as may be after letters of executorship have been granted to him," cause the notice to be published.
The Act sets no fixed number of days for this. It says "as soon as may be", which means promptly, and the executor cannot move the estate forward until the notice has run.
When there is no section 29 advertisement. Under section 18(3), where an estate's value does not exceed an amount the Minister sets by notice in the Gazette, the Master may dispense with appointing an executor and give directions on how the estate is wound up. These smaller estates are administered under the Master's directions and may not go through the section 29 advertisement at all.
Where the notice must be published
Section 29(1) requires publication in both:
- The Government Gazette, and
- one or more newspapers circulating in the district where the deceased ordinarily lived at death.
Two extensions apply:
- If, within the 12 months before death, the deceased lived in another district, the notice must also appear in a newspaper circulating in that district.
- If the deceased was not ordinarily resident in any district in South Africa, it goes in a newspaper circulating in a district where the deceased owned property.
A Gazette notice on its own does not satisfy section 29.
How long creditors get
The executor sets the claim period in the notice, within limits fixed by the Act:
- Not less than 30 days, and
- not more than three months,
- counted from the date of the latest publication of the notice.
That last point matters. If the Gazette notice and the newspaper notices appear on different dates, the clock runs from whichever came out last. A creditor reading only the Gazette date can miscount the deadline.
What can be claimed
Section 29(2): any claim that "would be capable of proof in case of the insolvency of the estate" may be lodged. In practice that covers ordinary debts owed by the deceased, such as loans, credit agreements, accounts and judgment debts.
What the section 29 period sets in motion
The end of the claim period is the trigger for most of what the executor does next.
Section 30 — no sale in execution of attached estate property before the period expires. After it, a sale needs the Master's direction (property up to R5,000) or a court order for anything else, unless the sheriff could not have known of the death.
Section 31 — late claims. A creditor who claims after the deadline without a reasonable excuse can be made to pay the cost of re-framing the account, and cannot recover money already paid to other valid claimants.
Section 34(1) — solvency check. The executor must satisfy themselves whether the estate is solvent. If it is not, creditors must be told in writing and given at least 14 days to instruct a surrender under the Insolvency Act.
Section 35(1) — liquidation and distribution account. The executor lodges the account with the Master "as soon as may be after" the section 29 period ends, and within six months of appointment unless the Master allows longer.
Section 35(4)–(5) — the section 35 advertisement. Once the Master has examined the account, it lies open for inspection for at least 21 days, and the executor must advertise this in the Gazette and the same kind of local newspapers.
The section 29 period sets the timetable for the rest of the estate. An executor who advertises late delays the account, the distribution and the heirs' inheritance.
How the section 29 advertisement appears in the Gazette
Section 29 notices are published in the Government Gazette's legal notices section as Form J193, "Notice to Creditors in Deceased Estates". The later section 35 inspection notices appear as Form J187.
A J193 notice typically identifies the deceased (full names, identity number, date of death), the estate number and Master's office, the claim period, and who to lodge claims with: the executor, or the attorney or trust company acting for them.
One detail worth knowing when you read a J193. The entry ends with a numbered field giving the period allowed for lodging claims, but only where that period differs from the standard 30 days. The instruction at the head of the section is that creditors must lodge within 30 days from the date of publication unless otherwise indicated — so an entry with nothing in that field is a 30-day notice, not an incomplete one.
Checking whether a section 29 advertisement has been published
Three groups need to confirm a section 29 notice actually ran, and when:
- Executors and their attorneys, confirming publication and the date the claim period started.
- Creditors, finding out whether a debtor's estate has been advertised and how long they have to claim.
- Heirs, tracking whether the estate is moving.
Search the Government Gazette by ID number or name to see every estate notice published against that person, including both the J193 (section 29) and J187 (section 35) notices where they exist. To contact the attorney or trust company handling an estate, use the find-a-professional directory. The creditor's side of the same timetable is covered in how to lodge a claim against a deceased estate.
Get an alert when your section 29 advertisement appears
Once the notice has been sent for publication, the executor's office still has to confirm that it actually ran and on what date. That date starts the claim period, and every later step depends on it.
Instead of checking each Friday's Gazette by hand, add the deceased's ID number to your Gazette Search watchlist. When a notice naming that ID number is published and indexed, you get an email showing the notice type (J193 for section 29, J187 for section 35) and its publication date.
- One watch covers the whole estate. The same watch picks up the section 29 notice now and the section 35 notice later.
- Watch every estate you administer. Add each deceased's ID number when you send the notice for publication, and the watchlist becomes your record of which advertisements have run.
- Check the date against the newspaper. The claim period runs from the latest publication, so compare the Gazette date with your newspaper placements before diarising the deadline.
Frequently asked questions
What is a section 29 advertisement in a deceased estate?
It is the notice the executor must publish under section 29 of the Administration of Estates Act 66 of 1965, calling on everyone with a claim against the deceased estate to lodge it within a stated period. It must appear in the Government Gazette and in a local newspaper.
Who places the section 29 notice to creditors?
The executor, as soon as possible after letters of executorship are granted. In practice the executor's attorney or trust company usually arranges publication.
Where must a section 29 notice be published?
In the Government Gazette and in one or more newspapers circulating in the district where the deceased ordinarily lived. If the deceased lived in another district in the 12 months before death, a newspaper there as well.
How long do creditors have after a section 29 advertisement?
The period the executor states in the notice: at least 30 days and at most three months, counted from the latest publication date. Where the notice states no other period, 30 days applies.
Is a section 29 advertisement required for every deceased estate?
No. Where the estate's value falls under the threshold set by the Minister, the Master may dispense with appointing an executor under section 18(3) and direct how the estate is wound up.
What is the difference between the section 29 and section 35 notices?
Section 29 opens the creditor claim period at the start of the estate. Section 35 announces that the liquidation and distribution account is open for inspection, after claims have been dealt with. In the Gazette they appear as J193 and J187 notices.
How do I check if a deceased estate notice was published in the Government Gazette?
Search by the deceased's ID number or name on Gazette Search. Each result shows the notice type and publication date.